Terms & Conditions
16 January 2012, 11:59
THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS (USERS) THAT ACCESS THE NEWS24 WEB SITE OR ANY PART THEREOF (THE NEWS24 WEB SITE)
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE NEWS24 WEB SITE NOW, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
DEFINITIONS AND INTERPRETATION
References herein to the News24 web site or content shall include any part thereof;
References herein to User(s) means any person who access the News24 web site, notwithstanding the fact that such a person only visited the home page of the News24 web site;
References herein to the singular includes the plural and vice versa; and
1.1 News24, South Africa's leading online news service, provides groundbreaking news from around the world around the clock. With an emphasis on South African and African news, News24 provides comprehensive English and Afrikaans coverage of general news, business, sport and other major interest areas. In addition to high-quality news, News24 provides a range of additional interactive services.
1.2 News24 content partners within Naspers include Beeld, Die Burger, Volksblad, Rapport, City Press, Finansies & Tegniek and Finance Week. Other information providers are The Natal Witness, Reuters, Associated Press, Sapa, ECNA and AFP (through Sapa), Pana and African Eye News Service. Agencies not affiliated to Media24 Ltd and News24 have their own terms and conditions of use and Users are bound to those terms and conditions as far as content on the News24 web site originates from such agencies.
2. ALLOWED USE AND LICENSE
2.1. News24 licenses the User to view, copy, download and print the content of the News24 web site, provided that:
2.1.1 such content is used for personal, educational and/or non-commercial purposes only; and
2.1.2 any reproduction of content from the News24 web site includes the following copyright notice: © News24 2003. ALL RIGHTS RESERVED.
2.2 Content from the News24 web site shall not be used or exploited for any commercial and non-private purposes without the prior written consent of News24.
2.3 Users may only access and use the News24 web site for legal purposes.
2.4 Use of content from the News24 web site in electronic clipping services or personalised news services shall only be allowed if such electronic clipping service or personalised news service:
2.4.1 does not copy or provide the whole article, as it appears on the News24 web site, but only provide a short summary of the contents of the article;
2.4.2 acknowledges News24 as the source of the content;
2.4.3 provides a correct and working hyperlink to the source of the content or article on the News24 web site;
2.4.4 acknowledges writers, journalists, photographers and third party agencies as they are acknowledged on the News24 web site; and
2.4.5 includes the date upon which the content was sourced from the News24 web site in the summary of the content.
2.5 The caching of the News24 web site shall only be allowed if :
2.5.1 The purpose of the caching is to make the onward transmission of the content from the News24 web site more efficient;
2.5.2 The cached content is not modified in any manner whatsoever;
2.5.3 The cached content is updated at least every 12 (twelve) hours; and
2.5.4 The cached content is removed or updated when so required by News24.
2.6 If any person uses content from the News24 web site in breach of the provisions detailed herein:
2.6.1 News24 reserves the right to claim damages from such person; and
2.6.2 News24 shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by such person or any third party.
2.7 Hyperlinks to the News24 web site from any other source shall be directed at the home page of the News24 web site. News24 shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the News24 web site, if such content was accessed through a hyperlink not directed at the home page of the News24 web site. Persons that wish to link to content beyond the home page of the News24 web site shall do so at their own risk and undertake to indemnify News24 against any loss, liability or damage that may result from content on the News24 web site, if such content was accessed through a hyperlink not directed at the home page of the News24 web site.
News24’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
2.8 Users may quote small and reasonable amounts of content available from the News24 web site only if such quote is placed in inverted commas, the author is acknowledged and a hyperlink to the quoted content is provided as a footnote to such quote.
2.9 No person may frame the News24 web site, in any manner, without the prior written consent of News24.
2.10 Apart from bona-fide search engine operators and use of the search facility provided on the News24 web site by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the News24 web site for any purposes, without the prior written consent of News24.
2.11 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by News24 at any time without giving reasons therefore.
3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
3.1 All intellectual property on the News24 web site, including but not limited to content, design elements, trademarks, software, databases, domain names, text, graphics, icons and hyperlinks are the property of or licensed to News24 and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed in clause 2, all other rights to intellectual property on the News24 web site are expressly reserved.
3.2 “News24” is a registered trademark and Users agree not to use the News24 trademark or the “24” mark as an element of a domain name or sub domain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so a User shall immediately cease to use such domain name and transfer it to Media24 Ltd at the cost of the User.
4. MYNEWS24 SECTION
4.1 Users that submit content to MyNews24 hereby grant News24 and its affiliates a non-exclusive, perpetual, worldwide license to edit, reproduce, use, create derivative works from, syndicate, license, distribute and exhibit said content, or any portion thereof in any manner, whether now known or later devised, without payment to the user or a third party.
Should News24 license the user’s material as stand-alone content to any party unaffiliated with News24 or 24.com, News24 will pay the user a percentage of the license fees according to rates determined by us.
Users warrant to News24 that they have the full legal right to grant News24 the license and that they own or manage the rights to the content submitted for the purposes previously mentioned, and that the exercise of this license will not infringe or violate the right to privacy, will not constitute any form of libel or slander or violate any law.
Users are solely responsible for whatever is contained in their submitted content / comments. News24 does not verify, endorse or vouch for any submissions. Users may be held legally liable for their content and for any harm caused or law broken.
4.3 All articles and letters published on MyNews24 have been independently written by members of News24's community. The views of users published on News24 are therefore their own and do not necessarily represent the views of News24. News24 editors also reserve the right to edit or delete any and all comments received.
News24 does not vouch for the credibility or accuracy of any content submitted by our users on the News24 website. Users may be exposed to content that they may find offensive, inaccurate or harmful. They may also run the risk of dealing with people acting under false pretence. By using MyNews24, you assume all associated risks.
5. SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and account to access the Internet and the News24 web site.
6. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services and content available from the News24 Kenya web site is classified as “electronic transactions” and therefore News24 Kenya has the duty to disclose the following information:
6.1 The full name and legal status of the web site owner: News24, a division of Media24 Ltd, Reg. No. 1950/038385/06;
6.2 Street address: 5th floor, 11 on Adderley Centre, 11 Adderley street, Cape Town, 8000, South Africa;
6.3 Postal address: PO Box 2271, Cape Town, 8000, South Africa;
6.4 Physical address for receipt of legal service: News24 Kenya, 5th floor, 11 on Adderley Centre, 11 Adderley street, Cape Town, 8000, South Africa;
6.5 Main business: The main business of News24 Kenya and Media24 Ltd is the provision of news, education and entertainment content;
6.6 The web site addresses of the News24 Kenya web site is: http://kenya.news24.com.
6.7 Codes of conduct to which the News24 web site subscribes: News24's editorial policy is aligned to practises of the constitution of Kenya;
6.8 The Manual published in terms of section 51 of the South African Promotion of Access to Information Act 2 of 2000 of the owner of the News24 web site may be downloaded from: http://www.naspers.com/pdfs/access_eng.pdf;
6.9 Management: The identities and contact details of the News24 Kenya management team are available from: http://www.news24.com;
6.10 Management information of Media24 Ltd is available from:
6.11 Costs: Access to content on the News24 web site is free to any person who subscribes to these terms and conditions. Access to some pages on the News24 Kenya web site may be restricted to persons who registered through the “Sign me in” function. Notwithstanding the aforegoing, News24 may, in future, charge fees for access to the News24 Kenya web site;
6.12 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
6.12.1 access to the News24 Kenya web site;
6.12.2 the inability to access the News24 Kenya web site;
6.12.3 the services and content available from the News24 Kenya web site; or
6.12.4 these terms and conditions,
shall be referred to arbitration and such arbitration proceedings shall be conducted in Nairobi in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client.
6.13 Cooling-off period: As far as practically possible, Users have the right to return services provided from the News24 web site within 7 (seven) days if:
(1) A consumer is entitled to cancel without reason and without penalty any transaction and any related credit agreement for the supply
(a) of goods within seven days after the date of the receipt of the goods; or
(b) of services within seven days after the date of the conclusion of the agreement.
(2) The only charge that may be levied on the consumer is the direct cost of returning
(3) If payment for the goods or services has been effected prior to a consumer exercising a right referred to in subsection (1), the consumer is entitled to a full refund of such payment, which refund must be made within 30 days of the date of cancellation.
(4) This section must not be construed as prejudicing the rights of a consumer provided for in any other law.
Unsolicited goods, services or communications
(1) Any person who sends unsolicited commercial communications to consumers, must provide the consumer
(a) with the option to cancel his or her subscription to the mailing list of that person; and
(b) with the identifying particulars of the source from which that person obtained the consumer'spersonal information, on request of the consumer.
(2) No agreement is concluded where a consumer has failed to respond to an unsolicited communication.
(3) Any person who fails to comply with or contravenes subsection (1) is guilty of an offence and liable, on conviction, to the penalties prescribed in section 89(1).
(4) Any person who sends unsolicited commercial communications to a person who has advised the sender that such communications are unwelcome, is guilty of an offence and liable, on conviction, to the penalties prescribed in section 89(1).
(1) The supplier must execute the order within 30 days after the day on which the supplier received the order, unless the parties have agreed otherwise.
(2) Where a supplier has failed to execute the order within 30 days or within the agreed period, the consumer may cancel the agreement with seven days' written notice.
(3) If a supplier is unable to perform in terms of the agreement on the grounds that the goods or services ordered are unavailable, the supplier must immediately notify the consumer of this fact and refund any payments within 30 days after the date of such notification.
6.14 User may lodge complaints concerning the News24 Kenya web site with News24 and Media24 Ltd.
7. CHANGES AND AMENDMENTS
News24 Kenya expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
7.1 change these terms and conditions;
7.2 change the content and/or services available from the News24 web site;
7.3 discontinue any aspect of the News24 web site or service(s) available from the News24 web site; and/or
7.4 change the software and hardware required to access and use the News24 web site.
8.1 News24 shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, “personal information” may be described as including information relating to one’s family or one’s private affairs as protected under the Right to Privacy in Article 31(c) of the Constitution of Kenya. Alternatively or in addition, though not yet in force, the Kenyan Consumer Protection Bill 2011 definition of ‘personal information’ may be used. Having said that English law ( common law) applies in Kenya in terms of the protection of privacy and Courts would follow English law to determine whether the privacy of an individual has been infringed upon by the actions of News24 Kenya.
Personal Information in the Consumer Protection Bill 2011 is defined as means information other than credit information about a consumer’s character, reputation,
health, physical or personal characteristics or mode of living
or about any other matter concerning the consumer;
8.2 News24 Kenya may electronically collect, store and use the following personal information of Users:
8.2.1 name and surname;
8.2.2 birth date;
8.2.4 country of residence;
8.2.5 closest city;
8.2.6 non-personal browsing habits and click patterns;
8.2.7 e-mail address; and
8.2.8 IP address.
8.3 News24 Kenya collects, stores and uses the abovementioned information for the following purposes:
8.3.1 to greet the User when he/she accesses the News24 Kenya web site;
8.3.2 subject to the User’s consent, inform the User of facts relating to his/her access and use of the News24 Kenya web site;
8.3.3 subject to the User’s consent, inform the User about competitions and special offers from News24 and/or its partners / affiliates;
8.3.4 to provide the User with targeted advertising when he/she accesses the News24 Kenya web site or the web sites of News24 partners / affiliates; and
8.3.5 to compile non-personal statistical information about browsing habits, click-patterns and access to the News24 Kenya web site.
8.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
8.5 The User may elect not to receive any communications from News24 Kenya and/or its partners / affiliates.
8.6 News24 Kenya may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
8.6.1 News24 Kenya shall not disclose personal information from Users unless the User consents thereto;
8.6.2 News24 Kenya shall disclose information without the User’s consent only through due legal process; and
8.6.3 News24 may compile, use and share any information that does not relate to any specific individual.
8.7 News24 Kenya owns and retains all rights to non-personal statistical information collected and compiled by News24.
9. HYPERLINKS TO THIRD PARTY SITES
News24 Kenya may provide hyperlinks to web sites not controlled by News24 Kenya or Media 24 Ltd (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites. News24 Kenya does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
10.1 News24 Kenya shall take all reasonable steps to secure the content of the News24 Kenya web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, News24 Kenya does not make any warranties or representations that content shall be 100% safe and secure.
10.2 News24 Kenya is under no legal duty to encrypt any content or communications from and to the News24 Kenya web site and is also under no legal duty to provide digital authentication of any page on the News24 Kenya web site.
10.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the News24 Kenya web site or the server and computer network that support the News24 Kenya web site. Notwithstanding criminal prosecution, any person who delivers any damaging code to the News24 Kenya web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold News24 Kenya Kenya harmless against any and all liability, damages and losses News24 Kenya and its partners / affiliates may suffer as a result of such damaging code.
10.4 Any User who commits any of the offences detailed in sections under the Copyright Act, the Penal Code and common law applicable in Kenya hall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by News24 Kenya and its partners / affiliates.
11. DISCLAIMER AND LIMITATION OF LIABILITY
11.1 If applicable, and as far as allowed by law, News24 Kenya (including its owners, employees, suppliers, network operators, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
11.1.1 access to the News24 Kenya web site;
11.1.2 access to web sites linked to the News24 Kenya web site;
11.1.3 inability to access the News24 Kenya web site;
11.1.4 inability to access web sites linked to the News24 Kenya web site;
11.1.5 content available on the News24 Kenya web site;
11.1.6 services available from the News24 Kenya web site;
11.1.7 any other reason not directly related to News24 Kenya’s gross negligence.
11.2 The News24 Kenya web site is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with News24 Kenya, that the content and services available from and through the News24 Kenya web site meet the User's individual requirements and is compatible with the User's computer hardware and/or software.
11.3 Information, ideas and opinions expressed on the News24 Kenya web site should not be regarded as professional advice or the official opinion of News24 Kenya and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the News24 Kenya web site.
11.4 This web site is directed primarily at Users in Kenya and therefore News24 Kenya shall not, as far as allowed by Kenyan law, be liable for defamation, libel, slander, privacy infringement, personality infringement or copyright infringement, in whatsoever format, outside the borders of Kenya.
11.5 News24 Kenya sources content from various third parties e.g. newspapers, news agencies and freelance journalists and does not editorially control the content provided by such third parties and News24 Kenya only serves as an electronic distribution platform for such third party content. Therefore News24 Kenya shall not be liable, in any manner whatsoever for defamation, privacy infringement, personality infringement or copyright infringement related to content on the News24 Kenya web site not created by News24 Kenya or its employees.
11.6 News24 Kenya does not make any warranties or representation that content and services available from the News24 Kenya web site will in all cases be true, correct or free from any errors. News24 Kenya shall take all reasonable steps to ensure the quality and accuracy of content available from the News24 Kenya web site.
11.7 News24 Kenya does not make any warranties or representations that the News24 Kenya web site will be available at all times. Users acknowledge that the News24 Kenya web site may be unavailable due to updates or other causes beyond the reasonable control of News24 Kenya, including, but not limited to virus infection, power failure or other “acts of God”.
12. REMOVAL AND CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the News24 web site to News24 and News24 undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
These Terms and Conditions of Use constitute the entire agreement between NEWS24™ and you, the user of this website. Any failure by NEWS24™ to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
13.1 Users may post their personal opinions, messages and ideas to the News24 web site and discussion forums available on the News24 web site.
13.2 Users undertake not to post content to the News24 web site that may be illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, untrue, incorrect or harmful and News24 reserves the right to remove such content in terms of clause 11 above.
13.3 News24 does not editorially control, filter or read User postings and shall not be liable, in any manner whatsoever, for such User postings.
13.4 The User indemnifies and holds News24 harmless against any liability, claim, damage or loss that may result from the User’s posting(s) to the News24 web site.
14. INTERCEPTION OF COMMUNICATIONS
14.1 The User agrees to News24 Kenya’s right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the News24 web site or its staff and employees.
15. ENTIRE AGREEMENT AND SEVERABILITY
15.1 These terms and conditions constitute the entire agreement between News24 and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by News24 Kenya from the User.
15.2 Any failure by News24 Kenya to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
15.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
The User and News24 Kenya agree that:
16.1 the User shall be bound to these term and conditions and such agreement is concluded in Nairobi at the time the User enters the News24 Kenya Kenya web site for the first time or immediately after the User indicated consent as required during the “Sign me in” process;
16.2 electronic form addressed by the User to News24 Kenya shall only be deemed to have been received by News24 Kenya if News24 Kenya responds thereto;
16.3 electronic form addressed to the User by News24 Kenya shall be deemed to be received by the User;
16.4 electronic form addressed by the User to News24 Kenya shall be deemed to have been created and send by the User from within the geographical boundaries of Kenya and South Africa;
16.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and News24 Kenya; and
16.6 the User agrees and warrants that electronic form that are sent to News24 Kenya from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.
17. APPLICABLE AND GOVERNING LAW
The News24 Kenya web site is hosted, in the Republic of South Africa, but is controlled and operated from Kenya and therefore the Kenyan law enforced by the Kenyan courts governs the use or inability to use the News24 Kenya web site, its content, services and these terms and conditions.
18. LEGAL COSTS
News24 Kenya shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.